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Estrada has been suspended for 90 days as a senator because of his pending corruption case at the anti-corruption court Sandiganbayan.
MANILA, Philippines – Senate President Sherwin “Win” Gatchalian explained on Thursday, June 18, the Senator Jinggoy Estrada’s his suspension as a senator also covers his role as a judge-senator in the case of the impeachment of the Vice President. Sarah Duterte.
“From what I understand, if you are suspended as a senator, being a judge-senator is also included. So the suspension is for a senator and carries all the duties of a senator, including being a senator-judge,” Gatchalian said.
“This 90-day suspension is not a new thing. This has happened in the past with other senators. So the previous practice, and the previous law, is what we will follow,” he added.
The anti-corruption court Sandiganbayan issued its suspension against Estrada on June 16, because of his corruption case pending before the 2nd Division of the Sandiganbayan. He is facing that charge, along with looting and another charge of being found guilty in Category 5, due to his alleged involvement in flood control corruption.
Section 13 of Republic Act 3019 or the Anti-Graft and Corruption Act mandates that a public official in power will be suspended when facing a corruption case.
According to the Sandiganbayan, Estrada has been suspended for 90 days “as a senator of the Republic of the Philippines, and from any other public office he may now or hereafter hold.”
Article XI, Section 6 of 1987 Constitution gives the Senate the power to try and decide impeachment cases. Therefore, the senators are the judges tasked with giving a decision at the end of the case.
On the proposal to review the sentencing threshold due to the absence of Estrada and Senator Bato dela Rosa, Gatchalian said the Senate will follow what is written in the Constitution. Dela Rosa is in hiding to avoid his International Criminal Court warrant that was based on his trial for crimes against humanity.
“In my opinion, we should follow the Constitution… Two-thirds of all members (should be tried). The Constitution is very clear,” said the Senate president.
Article XI of the Constitution, Section 6 also requires two-thirds of all members of the Senate to convict. Because of the words “all participants,” this could mean Estrada and Dela Rosa could still be counted in the calculation of the required rate. Two thirds of 24 is still 16. – Rappler.com
